HomeMy WebLinkAbout1997-02-19; Planning Commission; Resolution 40601
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PLANNING COMMISSION RESOLUTION NO. 4060
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT EXTENSION AND
AMENDMENT TO RELOCATE THE MAIN ENTRY FOR THE
CARLSBAD RACEWAY ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT
ROAD BETWEEN EL FUERTE STREET AND BUSINESS
PARK DRIVE, IN LOCAL FACILITIES MANAGEMENT
ZONE 18.
CASE NAME: CARLSBAD RACEWAY ACCESS
CASE NO.: CUP 94- 12(A)
WHEREAS, Carlsbad Raceway, “Developer”, has filed a verified applic
with the City of Carlsbad regarding property owned by Wimpey Commercial Inc., “Ov
described as
The southwest half of the northwest quarter and the southwest
quarter of the northwest quarter, all in Section 18, Township
12 South, Range 3 West, San Bernardino Base Meridian, in the
City of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit Extension and Amendment as shown on Exhibits “A”-“B” dated February 19, 19s
file in the Carlsbad Planning Department (CUP 94-12(A)), as provided by the conditic
approval of CUP 94-12 and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of February
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
relating to CUP 94-12(A).
WHEREAS, on June 21,1995, the Planning Commission approved, CUP 9
as described and conditioned in Planning Commission Resolution No. 3710.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comm:
APPROVES Conditional Use Permit Amendment, CUP 94-12(A), based c
following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the commun
essentially in harmony with the various elements and objectives of the General Plar
is not detrimental to existing uses specifically permitted in the zone in whic'
proposed use is located, in that the new entrance provides improved access t8
raceway and eliminates any future conflict with the adjacent property in Vist;
of the raceway which is currently used for access.
2. That the site for the intended use is adequate in size and shape to accommodate the u
that all improvements for the new main entrance can be accommodated withil
confines of the raceway property.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necess2
adjust the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that the entrance will be landscaped and improved
similar fashion as the existing entrance.
4. That the street system serving the proposed use is adequate to properly handle all b
generated by the proposed use, in that Poinsettia Avenue and Business Park I
have sufficient traffic capacity to continue to accommodate the raceway traffic .
5. The Planning Commission finds that:
a. the project is a subsequent project as described in CEQA Guidelines, sec
15 168(c)(2) and (e);
b. the project is consistent with the previous Negative Declarations for CUP 41
its amendments and the Master Environmental Impact Report MEIR 93-0
c. there was a Negative Declaration approved and an EIR certified in come
with the prior Conditional Use Permits and General Plan Update;
d. the project has no new significant environmental effect not analyzed as signif
in the prior EIR or Negative Declaration; and
I PC RES0 NO. 4060 -2-
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e. none of the circumstances requiring Subsequent or a Supplemental EIR
CEQA Guidelines Sections 15 162 or 15 163 exist.
6. The Planning Commission finds that all feasible mitigation measures or I
alternatives identified in the Negative Declarations and MEIR which are appropr
this Subsequent Project have been incorporated into this Subsequent Project.
Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use Pern
Amendment for the project entitled Carlsbad Raceway Access (Exhibits “A”-“B
dated February 19,1997, on file in the Planning Department and incorporated by tl
reference), subject to the conditions herein set forth. Staff is authorized and direct
to make, or require Developer to make, all corrections and modifications to t
Conditional Use Permit Amendment documents, as necessary, to make the
internally consistent and in conformity with final action on the project. Developme
shall occur substantially as shown in the approved Exhibits. Any proposr
development substantially different from this approval, shall require an amendment
this approval.
2. The Developer shall comply with all applicable provisions of federal, state and
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, defenc
hold harmless the City of Carlsbad, its Council members, officers, employees, agent!
representatives, from and against any and all liabilities, losses, damages, demands, c
and costs, including court costs and attorney’s fees incurred by the City arising, di:
or indirectly, from City’s approval and issuance of this Conditional Use Permit.
4. This Conditional Use Permit Amendment is granted for a period of five (5) years
the date of this approval, with a new expiration date of February 18, 2002.
Conditional Use Permit shall be reviewed by the Planning Director on a yearly ba
determine if all conditions of this permit have been met and that the use does not h
Substantial negative effect on surrounding properties or the public health and welfar
the Planning Director determines that the use has such Substantial negative effect:
Planning Director shall recommend that the Planning Commission, after providin
permittee the opportunity to be heard, add additional conditions to reduce or eliminai
Substantial negative effects. This permit may be revoked at any time after a p
hearing, if it is found that the use has a Substantial detrimental effect on surrounding
uses and the public’s health and welfare, or the conditions imposed herein have not
met. This permit may be extended for a reasonable period of time not to exceed fi\
years upon written application of the permittee made no less than 90 days prior tl
expiration date. The Planning Commission may not grant such extension, unless it
that there are no Substantial negative effects on surrounding land uses or the pul
health and welfare. If a Substantial negative effect on surrounding land uses o
public’s health and welfare is found, the extension shall be denied or granted
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PC RES0 NO. 4060 -3-
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conditions which will eliminate or substantially reduce such effects. There is no li
the number of extensions the Planning Commission may grant.
5. The Developer shall prepare a detailed landscape and irrigation plan in conformancc
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
shall be submitted to and approval obtained from the Planning Director prior t
approval of the final map, grading permit, or building permit, whichever occurs first
Developer shall construct and install all landscaping as shown on the approved plan:
maintain all landscaping in a healthy and thriving condition, free from weeds, trasl
debris.
6. Approval of CUP 94-12(A) supplements the approval of CUP 94-12. All cond
of approval of Planning Commission Resolution No. 3710, dated June 21,
remain in full force and effect except as modified herein.
7. Prior to the issuance of the Conditional Use Permit, Developer shall submit to the (
Notice of Restriction to be filed in the office of the County Recorder, subject t
satisfaction of the Planning Director, notifying all interested parties and success(
interest that the City of Carlsbad has issued a Conditional Use Permit by Resolutio
4060 on the real property owned by the Developer. Said Notice of Restriction sha
the property description, location of the file containing complete project details a]
conditions of approval as well as any conditions or restrictions specified for inclusj
the Notice of Restriction The Planning Director has the authority to execute and r
an amendment to the notice which modifies or terminates said notice upon a showi:
good cause by the Developer or successor in interest.
8. The owner shall record an irrevocable offer of dedication of a right-of
easement, including associated construction, slope and drainage easements, tc
City for Melrose Avenue within the project boundary. Said right-of-way sha
126 feet, along with temporary construction, slope and drainage easements.
offer shall be recorded within 60 days of approval of the Conditional Use Pt
Amendment. All land so offered shall be granted to the City free of all liens
encumbrances and without cost to the City. This approval shall become null
void if the offer is not recorded within the specified time or as extended by the
Engineer.
9. The entire potable water system, reclaimed water system and sewer system sha
evaluated in detail to insure that adequate capacity, pressure and flow demands ci
met.
10. The Developer shall be responsible for all fees, deposits and charges which wi
collected before and/or at the time of issuance of building permit. The San Diego Cc
Water Authority capacity charge will be collected at issuance of application for \.
meter.
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PC RES0 NO. 4060 -4-
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1 1. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection require]
Also obtain GPM. demand for domestic and irrigational needs from apprc
parties.
b. Prepare a colored reclaimed water use area map and submit to the Pla
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement pl
meeting must be scheduled with the District Engineer for review, cornel
approval of the preliminary system layouts and usages (i.e. GPM - EDU).
12. This project is approved upon the expressed condition that building permits will r
issued for development of the subject property unless the water district servin
development determines that adequate water service and sewer facilities are availa
the time of application for such water service and sewer permits will continue
available until time of occupancy.
13. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to 1
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further condition all certificates of OCCUI
issued under the authority of approvals herein granted; institute and prosecute litigatj
compel their compliance with said conditions or seek damages for their violati01
vested rights are gained by Developer or a successor in interest by the City’s appro
this Conditional Use Permit Amendment.
Code Reminders:
14. Approval of this request shall not excuse compliance with all applicable sections c
Zoning Ordinance and all other applicable City ordinances in effect at time of bui
permit issuance, except as otherwise specifically provided herein.
15. The project shall comply with the latest non-residential disabled access requiren
pursuant to Title 24 of the State Building Code.
16. All landscape and irrigation plans shall be prepared to conform with the Lands
Manual and submitted per the landscape plan check procedures on file in the Plar
Department.
17. Any signs proposed for this development shall at a minimum be designed in conform
with the City’s Sign Ordinance and shall require review and approval of the Plan
Director prior to installation of such signs.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 19th day of February 1997 1
following vote, to wit:
AYES: Commissioners Compas, Heineman, Monroy, Noble, Savar.
Welshons
NOES: None
ABSENT: Chairperson Nielsen
ABSTAIN: None
ATTEST:
W MICHAEL J. H~LZMILLER
Planning Director
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